SANDRA CHACE VS. ROBERT LOISEL, JR.

5D13-4449, January 24, 2014, FIFTH DISTRICT, (Cohen, J.)

FACTS:

Sandra Chace and Robert Loisel are engaged in a dissolution of marriage case. Prior to
the entry of its final judgement, the trial judge sent Chace a Facebook friend request. Upon
advice of her counsel, she did not respond to it. Thereafter, in the final judgement of the
dissolution, most of the marital debt were attributed to Chace and providing Loisel with a
disproportionately excessive alimony award. She then filed a motion to disqualify the judge but
her motion was denied. She now seeks a writ of prohibition to quash the trial courts order
denying her motion to disqualify the trial judge presiding over her and Robert Loisels
dissolution of marriage case.

ISSUE: Whether or not the motion to disqualify should be pursued?

HELD:

Yes. It seems clear that a judges ex parte communication with a party presents a legally
sufficient claim for disqualification, particularly in the case where the partys failure to respond
to a Facebook friend request creates a reasonable fear of offending the solicitor. The friend
request placed the litigant between the proverbial rock and a hard place: either engage in
improper ex parte communication with the judge presiding over the case or risk offending the
judge by not accepting the friend request.

Because petitioner has alleged facts that would create a reasonably prudent person a well-
founded fear of not receiving a fair and impartial trial, we quash the order denying the motion to
disqualify and demand to the trial court for further proceedings consistent with this opinion.

PETITION GRANTED.